Child Actors: Prioritizing Protection Over Profit

Hopes and dreams are powerful motivators, especially for children. However, in the hands of abusers, they can become powerful weapons. Quiet on Set: The Dark Side of Kids TV, a recent docu-series, joins a growing collection of media exposing the perils of child stardom.[1] The issues this series touches on have been prevalent in the entertainment industry since children began working on set.[2] Starting with Jackie Coogan, the first child star in the 1920s, and continuing to present-day actors like Drake Bell, Miley Cyrus, and Brooke Shields, who have criticized their experiences growing up on set.[3]

The Negative Impact of Childhood Acting

The overall impact of children working in the entertainment industry can be severe.[4] These children are in a vulnerable position where the adults surrounding them see the potential for money and fame and may exploit them both personally and financially.[5] Being on set and in the public eye can harm a child's mental and emotional health, potentially leading to long-term issues such as alcohol and drug abuse.[6] In addition, the high demands of a job in the industry can be detrimental to providing a child with the proper education and emotional foundation to lead a successful life.[7] This results from the gaping holes in the current protections that production companies exploit to save the bottom line.[8]

Judy Garland serves as a sad example of this exploitation.[9] Famous for her roles in films such as The Wizard of Oz and Meet Me in St. Louis, Garland started in the industry at two-and-a-half years old.[10] At the age of 10, Garland's mother was determined to make her daughter a star, so she began to give Garland amphetamines in the morning to keep her energy up and sleeping pills at night.[11] By age 13, MGM signed Garland, which led to a demanding and tumultuous life.[12] MGM overworked Garland, making her work on two to three films at a time.[13] She was often underweight as her mother and MGM severely restricted her diet to make Garland fit her roles.[14] MGM paid her mother a stipend from her daughter’s salary to ensure her daughter complied with studio demands.[15] In addition, Garland was also allegedly sexually harassed and assaulted by many men in this industry, including, allegedly, an MGM executive.[16] The intense control Judy Garland faced led to her multiple marriages, money troubles, and her lifelong struggle with addiction, ultimately leading to her accidental overdose and death in 1969.[17] Judy Garland’s experience exhibits the many ways a child actor can be exploited. While legal protections have now been enacted since Garland entered the industry, they have not been enough to prevent these situations from recurring, as evidenced by the Quiet on Set: The Dark Side of Kids TV docu-series.

Current Protections and Where They Fall Short

The Fair Labor Standards Act, a federal regulation enacted in 1938, regulates minors in the workforce.[18] However, there is one key exception; the act explicitly exempts “any child employed as an actor or performer...,” meaning the federal limitations on the number of work hours do not apply to child actors.[19]  Thus, there is no federal protection for child actors.[20] The decision on when and how to protect child performers is left to each state to decide, which leads to varying degrees of legal protection across the country.[21] California, one of the entertainment centers in the US, has set certain limitations on work hours:

• A child ages 6 to 9 can work up to four hours a day.

• A child age 10 or older can work up to nine or ten hours per day when school is not in session.

• A child ages 14 or 15 may work between 7:00 a.m. and 7:00 p.m. when school is not in session and between 7 a.m. and 9 p.m. if school is in session.

• A child ages 16 or 17 may work without hourly restrictions but cannot work more than twelve consecutive hours without an eight-hour break.[22]

Even with these safeguards, child actors have still been subject to intense work schedules as these rules are not consistently enforced.[23] Miley Cyrus, for example, described her intense work schedule while filming Hannah Montana at the age of 12.[24] On a typical Friday, she woke up at 5:30 a.m. for a long day of meetings and interviews, the last of which did not begin until 6:15 p.m..[25] The next day, she worked from 7:00 a.m. until 7:30 p.m.. She then had only one day off before going back to the intense scheduled filming of Hannah Montana.[26] This schedule left Cyrus little time to herself where she should have been resting, socializing with her peers, or simply being the 12-year-old girl she was.[27] A work-life balance is essential for a child's development, and studios need to consider that when working with children.[28]

The Coogan Act is one of the most well-known actions taken to protect child actors.[29] This law was passed in 1939 as a reaction to child star Jackie Coogan discovering that his parents had spent almost the entirety of his $3-4 million income.[30] The Coogan Act was enacted to protect child actors from financial exploitation.[31] The current iteration of the law requires 15% of the child's gross income to be set aside in trust for the child to access when they turn 18.[32] While this is a step in the right direction, this is only a small fix to the financial aspect of the potential exploitation a child actor might face.[33] The other 85% of income is managed by the parent or guardian of the child.[34] In theory, 85% of the total is supposed to be used for the child’s welfare, but it can easily be mismanaged by greedy, self-serving parents or guardians who may not have their child’s best interests at heart.[35] Industry professionals believe setting aside only 15% is not enough.[36] Increasing the amount set aside in trust would filter out parents who are pushing their kids into the entertainment industry for money or fame.[37]

  Education for child actors is another area of concern.[38] Child actors are still children and, therefore, have a right to education. However, actors usually have inconsistent work schedules, translating to inconsistent attendance for traditional schooling.[39] To remedy this issue, California requires that child performers receive at least three hours of tutoring each day that they work on set.[40] While this may seem like a sound solution, there is no framework that lays out the quality of those hours meaning that a child could be meeting the required three hours of tutoring but not absorbing the material.[41] Proper education is invaluable as it can empower children to be more independent, enabling them to stand up for themselves.[42] An education can also provide a solid foundation for a life and career outside of acting should they choose to leave the industry.[43] Children who receive a more balanced education are more equipped to handle life in and out of the spotlight.[44] Enhancing educational safeguards would allow these children to be treated as people rather than commodities and increase their ability to acquire agency for themselves.[45]

On-set tutors, often referred to as “set teachers” or “studio teachers,” are a valuable tool for safeguarding education.[46] In theory, studio teachers also act as a layer of protection to oversee the child’s welfare while on set.[47] However, studios often hire independent contractors who can be fired at any time and for any reason.[48] Several studio teachers have been fired after speaking out about the mistreatment of a child in their charge.[49] This illustrates that the idea of on-set education and extra guardianship is effective on paper but easily manipulated in practice, which means at the end of the day, it’s the children that pay the price.[50]

How to Better Protect Child Actors

While there are laws and guidelines in place for the protection of children in the entertainment industry, they are not enough to prevent the exploitation of child actors.[51] There are several proposals as to how to better look out for these children.[52] A major gap in the existing provisions is the lack of any mental health guidance.[53] Parents are not enough of a safeguard for child actors. Having a therapist or mental health professional on set would go a long way to ensure that a child is being well treated and cared for.[54] Several industry professionals and psychologists stand behind the recommendation to provide a mental health specialist on set.[55] This would help a child navigate the changes in their life, including adjusting to a new work-life balance, coping with feeling isolated from their peers, and dealing with living in the spotlight.[56] Having a neutral, third-party presence that a child actor feels comfortable speaking with could also go a long way to preventing, or at the very least, catching on to, potential sexual abuse that has been reported to take place on set.[57]

Creating and implementing welfare plans is another proposition for better protection of children in the industry.[58] Instead of viewing these children as a means to an end, the industry must prioritize child actors' well-being.[59] To create a more unified front, one proposal is to create a Federal Oversight Board that would approve and monitor the implementation of a child actors welfare plan.[60] Each state that employs child entertainers would be required to submit a plan for each child that evaluates the best way to balance production schedules, on-set support, education needs, psychological support, and work-life balance.[61] Then, to ensure compliance, the Federal Oversight Board would monitor the implementation of these plans.[62] This would ensure that the child’s best interests were being taken into account instead of sacrificed for financial gain.[63]

Lastly, implementing industrywide mandatory background checks of individuals who are working with and around children on set would go a long way toward preventing sexual abuse.[64] Brian Peck, who sexually abused Drake Bell while working as a dialogue coach for Nickelodeon, was hired to work for Disney Channel in 2006-2007 on the set of The Suite Life of Zach and Cody after becoming a registered sex offender in 2003.[65] With the implementation of strict background checks, that kind of situation is easily preventable.[66] Nickelodeon has stated that it has begun to screen “every single employee.”[67] The actors’ union, SAG-AFTRA, also started to conduct background checks on talent representatives and on-set chaperones.[68] While this won’t stop all incidents on set or within the industry, this is a great way for studios to begin fixing the issue and signal that they are working to provide the best environment possible for the children on their sets.[69]

Conclusion

The entertainment industry was not built with the welfare of children in mind, but that must change. These children are not expendable, they have no agency of their own, but they are individuals who deserve to be treated with respect. The current provisions in place to protect child actors are severely lacking but there are steps that can be taken to ensure that another Quiet on Set: The Dark Side of Kids TV docu-series is not in our future. Those of us with agency must take action to bolster and enforce the current laws to safeguard these children physically, psychologically, and financially. Society has a moral obligation to look out for those in vulnerable situations. We have a responsibility to ensure that children pursuing their dreams do not have to sacrifice a happy childhood to achieve them.

[1] Quiet On Set: The Dark Side of Kids TV (MAX 2024).

[2] Jennifer González, More than Pocket Money: A History of Child Actor Laws, IN CUSTODIA LEGIS: LAW LIBRARIANS OF CONG. (June 1, 2022), https://blogs.loc.gov/law/2022/06/more-than-pocket-money-a-history-of-child-actor-laws/.

[3] González, supra note 2; Jenna Taylor, Protect Child Actors, The Paisano (Apr. 2, 2024), https://paisano-online.com/39336/opinion/commentary/protect-child-actors/; Lauren Huff, Miley Cyrus Reveals Hectic Childhood Work Schedule, Entertainment Weekly (Aug. 29, 2023, 8:57 PM), https://ew.com/celebrity/miley-cyrus-reveals-hectic-childhood-work-schedule/.

[4] Wanda Behrens-Horrell, The Child Performer, Psychology Today (June 22, 2011), https://www.psychologytoday.com/us/blog/in-the-trenches/201106/the-child-performer.

[5] Behrens-Horrell, supra note 4; González, supra note 2.

[6] Behrens-Horrell, supra note 4.

[7] Zeljka Mazinjanin, Realities of the Entertainment Industry in the USA: Child Performers and Their Right to Education, HUMANIUM (Mar. 19, 2024), https://www.humanium.org/en/realities-of-the-entertainment-industry-in-the-usa-child-performers-and-their-right-to-education/.

[8] Raquel 'Rocky' Harris & Sharon Knolle, After ‘Quiet on Set’ Revelations, Is Hollywood Doing Enough to Protect Child Actors?, THE WRAP (Mar. 26, 2024, 6:00 AM), https://www.thewrap.com/quiet-on-set-child-actors-protections-now/.

[9] Taylor, supra note 3; Elena Nicolaou, What Made Judy Garland’s Life So Tragic, Refinery29 (Jan. 28, 2020), https://www.refinery29.com/en-us/2019/09/8455229/judy-garland-actress-true-story-life-death.

[10] Nicolaou, supra note 9.

[11] Id.

[12] Id.

[13] Id.

[14] Id.

[15] González, supra note 2.

[16] Nicolaou, supra note 9.

[17] Id.

[18] Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (2020); Jessica Krieg, There’s No Business Like Show Business, 6 U. Pa. J. Bus. L. 429, 431 (2004).

[19] 29 U.S.C. § 213(c)(3) (2020).

[20] Krieg, supra note 18, at 431.

[21] Id.

[22] Diana Miller, Child Actor on Set: 5 Most Popular Questions, KidsCasting (June 30, 2023, 2:00 AM), https://kidscasting.com/academy/child-actor-on-set-5-questions.

[23] Edith Jennifer Hill, Quiet on Set Highlights How We Don’t Keep Child Stars Safe – in Hollywood or Online, The Conversation (Apr. 9, 2024, 4:17 PM), https://theconversation.com/quiet-on-set-highlights-how-we-dont-keep-child-stars-safe-in-hollywood-or-online-226826. 

[24] Huff, supra note 3.

[25] Id.

[26] Id.

[27] Id.

[28] Ilana Rapp, The Impact of Long Hours and Intense Schedules on Child Actors, NYCastings (last visited Dec. 15, 2024), https://www.nycastings.com/the-impact-of-long-hours-and-intense-schedules-on-child-actors/.

[29] González, supra note 2.

[30] Id.

[31] Id.

[32] Id.

[33] Monica Torres, Should Child Acting Just be Banned Already, HuffPost (Feb. 8, 2023, 5:45 AM), https://www.huffpost.com/entry/ban-child-acting-child-stars_l_6324c7f7e4b000d9885b8b44.

[34] Id.

[35] Id.

[36] Id.

[37] Id.

[38] Mazinjanin, supra note 7.

[39] Id.

[40] Id.

[41] Id.

[42] Id.

[43] Mazinjanin, supra note 7; Child Actors: Psychological Impact of Early Fame, NeuroLaunch (Sept. 15, 2024), https://neurolaunch.com/child-actors-psychological-effects/.

[44] Child Actors: Psychological Impact of Early Fame, supra note 43.

[45] Mazinjanin, supra note 7.

[46] Harris & Knolle, supra note 8.

[47] Id.

[48] Id.

[49] Id.

[50] Id.

[51] Alyssa J. Rodriguez, Children in the Entertainment Industry: The Right to Childhood. An Analysis of Federal Laws Regarding Mental Health & Minors in the Entertainment Industry, Florida Entertainment and Sports Law Review, 77, 96 (2022); Krieg, supra note 18, 438.

[52] Rodriguez, supra note 51, at 100-102; Krieg, supra note 18, at 443-448.

[53] Torres, supra note 33.

[54] Rodriguez, supra note 51, at 100-102; Torres, supra note 33; Harris & Knolle, supra note 8.

[55] Torres, supra note 33; Harris & Knolle, supra note 8.

[56] Torres, supra note 33; Harris & Knolle, supra note 8.

[57] Torres, supra note 33.

[58] Krieg, supra note 18, at 443; Child Actors: Psychological Impact of Early Fame, supra note 43.

[59] Child Actors: Psychological Impact of Early Fame, supra note 43.

[60] Krieg, supra note 18, at 444-448.

[61] Id.

[62] Id.

[63] Krieg, supra note 18, at 448; Child Actors: Psychological Impact of Early Fame, supra note 44.

[64] Harris & Knolle, supra note 8.

[65] Taylor, supra note 3.

[66] Harris & Knolle, supra note 8.

[67] Id.

[68] Child Abuse Documentary Faces Distribution Hurdles Revealing Hollywood Industry Challenges, Factual America, https://www.factualamerica.com/documentary-dilemmas/child-abuse-documentary-faces-distribution-hurdles-revealing-hollywood-industry-challenges (last visited Dec. 15, 2024).

[69] Id.